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ARTICLE · 14 MARCH 2023

Failure To Vaccinate Can End Employment Without Notice

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In a recent decision[1], the Ontario Superior Court of Justice found that an employer had no obligation to provide notice of termination where an employee failed to vaccinate against COVID- 19.

CanadaEmployment and HR
Anthony Panacci
Anthony Panacci
Andrew Gould
Andrew Gould
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In a recent decision1, the Ontario Superior Court of Justice found that an employer had no obligation to provide notice of termination where an employee failed to vaccinate against COVID- 19. While the employment relationship was formally terminated by the employer, the court concluded that the relationship had become "frustrated" and the employer was entitled to treat the contract as being at an end without an obligation to provide any notice of termination at common law.

What happened?

The employee was employed as a systems technician for VuPoint Systems Ltd., a business that provided television and smart home installation services on behalf of Bell Canada and Bell ExpressVu (collectively, "Bell"). More than 99% of VuPoint's income came from Bell, and the employee's work with VuPoint only involved installation services for Bell.

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